RFE for I-864

[Lin25 0]

Hi guys,

I am looking for some explanations about the RFE we got last week and confirmation that I am on the right path responding to it.

We filed for the adjustment of status from my K1 visa in the beginning of July and recently we got a letter stating that:

1) The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. Submit evidence of the petitioner/sponsor's current income. Such evidence should include: letter of employment containing the following - dates of employment, nature of the job etc., pay stubs, evidence of other income.

2) Submit all supporting tax documentation submitted to IRS for the most recent tax year.

3) Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsor's household size. Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

As for the first one, I screwed up because we did not include anything about the current income so we collected the pay stubs for the last months and should get the letter from employer soon too. However, I do not understand the part about the tax return not meeting the guideline. We included tax transcripts from the last 3 years and the latest one was above 30k. Is it because the tax return from the second year did not meet the guideline? Or is it just a standard beginning and the main point is about the proof of current income?

Secondly, why would they ask us the supporting tax documentation if we sent the transcripts? Not sure if I am reading too much into that but maybe it has something to do with me filing the taxes for this recent year jointly? Anyways, again not a problem to provide them with W-2s, also I plan to include the full copy of the most recent tax return just in case.

And finally the last most confusing part about not meeting the poverty guideline. Is it because we did not provide the proof of current income and this point is in case our current income that we will provide proof of does not meet the guidelines? That should not be a problem though since my husband makes over 30k. Just wondering why they keep repeating that part of not meeting the guidelines, it's kind of scary.

All in all, I am planning to send a new I-864 form (with the current income amount based on the letter from employer and pay stubs since in the original form we wrote the amount from last's years tax return), letter from employer, pay stubs, a copy of recent tax return, W-2s.

Do you guys think it should be enough? And maybe someone could explain me all these things I asked? I would really appreciate all of your help and answers! And sorry for the long post, just wanted to give as much information as possible.

[KayDeeCee 4,891]

Yes, they want the letter from the employer and recent pay stubs to prove the current annual income.

Not sure why they asked for the complete tax return if you already provided IRS transcripts. They could have overlooked it, or perhaps it is just a boilerplate letter and included like asking for the assets is. If someone's income is below the requirement, then they can use assets to make up the difference. When someone does not send in proof of current income, the letter states there is no proof of income and that they can use assets or a joint sponsor.

Just send everything they asked for, and you should have it all covered.